hipcat

Here is the story: my K-3 is all done and I'm here in the U.S.

My I-130 was approved in March and a couple of months ago I got RFE and sent the documents they required...I haven't heard anything since then and wanted to find out what's going on. Not having the NVC case # on hand, I called the California service center, in hopes that they will tell me what's going on with my case. Well, that woman said I HAVE to file for adjustment of status and that I will not get a green card through I-130 because I entered on K-3?!?!?!?! My understanding was that after I enter the U.S. on K-3, my green card process will still go on and I will get another interview in Montreal and NOT have to apply for adjustment of status?!?! And she said I had to apply for adjustment of status?!?! What the hell? Who's right here?

Tried to reach the NVC at 1-603-334-0700 but all the operators are "busy" and I have to call after 6! Is there another number I'm supposed to call?!

Thanks for your help!

As long as you complete all the forms sent to you from NVC and pay all the fees your CR-1 process should continue and you should be eventually scheduled for an interview at the US consulate in the country that you immigrated from. You can also file for AOS at which point you would finish the green card process in the US - if you choose this route you would not want to pay the IV & Affadavit of Support fees for the I-130 (bills are generated from NVC).

I would call and ask if you need to drop one of the interview dates or if you can just leave them both open. If you need to make a choice - it is very simple choose IR-1 as everyone has pointed out once approved for IR-1 you become a green card holder whereas if you are approved for K-3 status you would have to apply for Adjustment of Status (AOS) once you have arrived in the US, pay more money, file more forms, wait, wait and wait. If you want to work you have to file another form EAD and wait, wait, wait. With IR-1 you have the green card - no more forms, no more money and the only difference is the two weeks between the interview dates.

My wife's friend recently immigrated to the US on a K1 visa and when she got here her fiancee decided he didn't want to get married. She has been here about 1 month does she have to return to China or can she marry another US citizen and Adjust status while staying in the US? Of course she only has about 60 days left, but I suppose it is possible to find and marry someone in that short of time.

OK today I received a letter from NVC (CHECKLIST) indicating that they have reviewed the CR-2 application and it is missing or needs additional information. I aslo received the same letter for the CR-1 application I submitted. For both they indicate that they are missing DS-230 Part I which confusses me as I just received the NVC generated DS-230 Part I on 8/23/06 which are complete and ready to be mailed on Monday.

For the CR-1 this was the only thing indicated as missing - do I need to send in a copy of the DS-230 that is being sent on Monday? Why would they do this?

For the CR-2 they have also sent back the I-864 that was submitted for my 5 year old step-daughter that is immigrating with her mother. Based on instruction IV. Principal Applicants (immigrants) and Accompanying Dependents I submitted a photocopy of the I-864 that was being submitted with the CR-1 (Principal Applicant?) and included her name in Part 3 as an accompanying dependent.

NVC has returned the copy submitted for the CR-2 for the following:

Part 3

The biographic information provided in this part does not match the principal applicant of the associated petition.

Family members are not allowed in this section under this visa petition. The sponsor should complete a separate I-864 for each family member.

I am now a little confused about this ( since they apparently haved reviewed the original I-864 submitted for my wife with the CR-1 and don't have any problems with it and both I-864's were exactly the same since I only submitted a copy for the CR-2.

They also indicate that under Sponsor's Household Size section that the number on Line 2 does not equal the number of applicants listed in Part 3. Again very strange since they are OK with the original I submitted which lists My wife and then my step-daughter as a child immigrating with wife named above - this totals 2 immigrants being sponsored in this I-864 which is what I put on Line 2.

Also indicates that Line 5 from Sponsor's Household Size does not equal the sum of the numbers listed in lines 1 through 4 - WHAT the last time I checked 1 plus 2 equaled 3, but then again I am only an accountant so who knows?

Finally, they indicate that the Determination of Eligibility Based on Income is all wrong - number on line 2 does not correspond to the number on line 5 of Sponsor's Household size which I show as 3 in both places - I am guessing this is the result of the previous issues, but who knows.

Does this mean I need to submit a separate I-864 for the CR-2? If so, would I put my wife Sponsor's Household Size on line 3? Also should I file a new I-864 for the CR-1 even though they haven't asked for it? It would seem that if the copy is wrong then the original would be wrong as well.

I could really use some help interrupting this request from NVC

I agree with MEW - It seems pretty clear that you should answer "NO" since you have not filed a K1/K3 previously. Your previous wife immigrated here on a Student Visa and then you adjusted status once you were married in US. No problem.

'Plus the instructions also ask to submit the most recent year's tax return.'

Is that the actual copy of tax return, or will the transcript be enough? Sorry, i'm sure this has already been addressed elsewhere, but in the light of all this new form/old form confusion i'd like some clarification.

We also received the old I-864, but with instructions that say it does not have to be notarised (although did anyone else think this was very sneakily put it only one line of the instructions, with hardly any fanfare, so it could be easily missed?!). So i guess we will follow your lead, simple male.....

Yes you can send a IRS transcript and make sure to include a copy of W-2 and any other supporting schedules .

You absolutely do NOT need to provide a G-325a for any stepchild that was under the age of 18 when you married their mother - refer to I-130 Instructions page 2 number 7. H.

I provided the following for my step daughter (application aproved 5/18/06) : Separate completed I-130 ( not necessary if you are planning on bringing them over on a K3/K4).

Copy of my birth certificate for proof of US citizenship.

Marriage certificate with certified english translation.

Copy of stepchild's birth certificate with certified english translation.

Copy of my divorce decree.

Copy of my wife's divorce decree with certified ennglish translation.

GOOD LUCK!

I received my I-864 this week from NVC - it is the old version, but the package included additional instructions Labeled "IMPORTANT NOTICE FOR SPONSORS READ THIS BEFORE SUBMITTTING FORM I-864"

I. Petioner's (sponsor) documents: Form I-864

. Sign part 7. ..... (not required to be notarized).

Federal Income Tax Return: Include a photocopy of .....most recent federal income tax return.

So I have filed my signed but not notarized I-864 with my 2005 only tax return.

I got my second request toady, received my first one on 7/3/06 and mailed it priority mail with dleivery receipt confirmation - was delivered 7/8/06. I don't thnik they have a clue! I would think if they were just making sure that they would have indicated that this was a second request just in case .... but the RFE is exactly the same as the first no mention of a second request .....